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 Village of Menomonee Falls, Wisconsin

BOARD OF TRUSTEES MEETING

MINUTES

Monday, August 7, 2017


 
 
Village President, Joseph Helm, called the meeting to order at 6:35 p.m. The Pledge of Allegiance was recited.
Present:
Village President Joseph Helm; Trustee Katie Kress; Trustee Randy Van Alstyne; Trustee Bonnie Lemmer; Trustee Paul Tadda; Trustee Jeremy Walz
Absent:
Trustee David Glasgow
Staff Present:
Village Manager Mark Fitzgerald; Village Attorney Michael Morse; Assistant Village Manager/Director of Public Works Arlyn Johnson; Director of Community Development Matt Carran; Deputy Clerk Joan Hintze
Attendees:
Tom Wieland, Reilly, Penner & Benton LLP


             
   REPORTS AND PRESENTATIONS
             
   Presentation of the 2016 Financial Audit Opinion
Tom Wieland, Reilly, Penner & Benton LLP gave the presentation and introduced Joel Joyce from Reilly, Penner & Benton LLP.
  Attachments:
  2016 Audit Letter
 
             
   Presentation of the 2016 Comprehensive Annual Financial Report  (CAFR) 
Mark Fitzgerald, Village Manager went over the 2016 Comprehensive Annual Financial Report.
  Attachments:
  Presentation
 
             
   CONSENT AGENDA
             
  Motion by Trustee Bonnie Lemmer, second by Trustee Jeremy Walz to approve the Consent Agenda items as presented.



             
   Approval of minutes from previous meeting held on July 17, 2017.
  Attachments:
  7-17-17 Meeting Minutes
 
             
   Operator’s Licenses as listed:
Kevin Baird Richard Culver Mandeep Dran
Brendan Farrington Russell Herr Ashley Johnson
Marquise Johnson Christopher Martin Rebecca Messnick
Kaitlyn Miller Todd Miller Anna Retzer
Karlee Schmidt Audreanna Watson
             
   Application for a 2017-2018 Class B Fermented Malt Beverage and a Class C Wine License from Grate Concepts LLC, Ron Stokes - Agent, for Grate Modern Mac and Cheese located at N92W16125 Falls Parkway Suite 104 subject to Fire Department and Health Department approvals.
             
   Resolution Designating Public Depositories According to Wis. Stats. 34.05(1). (Resolution No. 1160-R-17)
             
         


  Vote: 6 - 0 Motion Carried
  Attachments:
  Resolution
 
             
   PUBLIC HEARING
             
   Public Hearing to consider the Plan Commission's recommendation regarding the request of the William J & Eileen H Wandsnider Irrevocable Trust to rezone the lands located at N72W18689 Good Hope Road, N72W18711 Good Hope Road, and W186N7137 Marcy Road from the I-1 Light Industrial Zoning District to the R-1 Single Family Residential Zoning District.  The subject lands are located in the Northwest 1/4 of Section 21 and identified by Tax Key Numbers 82.988, 82.989, and 82.990
Matt Carran, Director of Department of Community Development presented on the public hearing topic.

Village President Helm opened the public hearing for comment. The following individual spoke at the public hearing:
  • Jim Gilmore, W186N7141 Marcy Road, spoke in favor of rezoning
There was no one else who wished to speak. The public hearing was closed.

Action Item:

Request of the William J & Eileen H Wandsnider Irrevocable Trust to adopt an Ordinance rezoning the lands located at N72W18689 Good Hope Road, N72W18711 Good Hope Road, and W186N7137 Marcy Road from the I-1 Light Industrial Zoning District to the R-1 Single Family Residential Zoning District
             
  Motion by Trustee Paul Tadda, second by Trustee Bonnie Lemmer to approve the request of the William J & Eileen H Wandsnider Irrevocable Trust to adopt an Ordinance rezoning the lands located at N72W18689 Good Hope Road, N72W18711 Good Hope Road, and W186N7137 Marcy Road from the I-1 Light Industrial Zoning District to the R-1 Single Family Residential Zoning District, as recommended by the Plan Commission at the July 11, 2017 meeting.  The subject lands are located in the Northwest 1/4 of Section 21 and identified by Tax Key Numbers 82.988, 82.989, and 82.990. (Ordinance No. 691-O-17)


  Vote: 6 - 0 Motion Carried
  Attachments:
  Plan Commission Minutes, Staff Report and Exhibits
  Gilmore Letter
 
             
   COMMITTEE AND COMMISSION REPORTS
             
   PLAN COMMISSION
             
   Request of Fred-Falls Apartments, LLC to adopt a Resolution approving a Certified Survey Map
             
  Motion by Trustee Paul Tadda, second by Trustee Bonnie Lemmer to approve the request of Fred-Falls Apartments, LLC to adopt a resolution approving a Certified Survey Map combining lands generally located on the Southwest corner of Highland Drive and Good Hope Road, subject to the 8 conditions recommended by the Plan Commission at the June 6, 2017 meeting. The subject lands are located in the Northeast 1/4 of Section 24 and identified by Tax Key Numbers 93.975, 93.983, and 93.984. (Resolution No. 1161-R-17)


  Vote: 6 - 0 Motion Carried
  Attachments:
  Plan Commission Minutes, Staff Report, and Exhibits
 
             
   Resolution Vacating a Portion of Highland Drive
             
  Motion by Trustee Paul Tadda, second by Trustee Bonnie Lemmer to adopt a resolution vacating a portion of Highland Drive extending approximately 300 feet South of Good Hope Road, West of the parcels identified by Tax Key Numbers 93.996 and 93.995, in the Northeast 1/4 of Section 24.  On January 16, 2017 the Village Board of Trustees adopted Resolution No. 1141-R-17 accepting the introduction of and referring for public hearing and proceedings a Resolution vacating the subject right-of-way.  The public hearing regarding this proposed vacation was held on March 20, 2017. (Resolution #1162-R-17)


  Vote: 6 - 0 Motion Carried
  Attachments:
  Plan Commission Minutes, Staff Report and Exhibits
  Introduction Resolution
  Draft Resolution
 
             
   Ordinance Approving the Request of Weas Development to obtain Planned Infill Development (PID) Overlay Zoning District
             
  Motion by Trustee Paul Tadda, second by Trustee Bonnie Lemmer to adopt an ordinance approving the request of Weas Development to obtain Planned Infill Development (PID) Overlay Zoning District approval allowing Fiduciary Real Estate Development, Inc. to construct and operate a new mixed use development on the Southwest corner of Good Hope Road and Highland Drive, in the Northeast ¼ of Section 24, Tax Key Numbers 93.984, 93.983, and 93.975, RM-1 Multifamily Zoning District with PID Planned Infill Development Overlay District. (Ordinance No. 692-O-17)


  Vote: 6 - 0 Motion Carried
  Attachments:
  Ordinance
  Minutes, Staff Report and Exhibits
  Letter
 
             
   Request of All About Learning LLC to Amend Conditional Use Permit No. 22-34-99 Allowing an Addition to the Existing Day Care Facility
             
  Motion by Trustee Paul Tadda, second by Trustee Bonnie Lemmer to approve the request of All About Learning LLC to amend Conditional Use Permit No. 22-34-99 allowing an addition to the existing day care facility located at N56W16325 Silver Spring Drive, in the Northeast corner of Section 34, Tax Key Number 133.995.002, I-1 Light Industrial District subject to the 4 conditions of approval and 11 conditions running with the permit recommended by the Plan Commission at the June 6, 2017 meeting and the 2 conditions recommended by the Architectural Control Board at the July 25, 2017 meeting.


  Vote: 6 - 0 Motion Carried
  Attachments:
  Minutes, Staff Report and Exhibits
 
             
   UTILITIES AND PUBLIC WORKS COMMITTEE
             
   Award of Contract for the 2017 Sidewalk Repair & Replacement Program
             
  Motion by Trustee Bonnie Lemmer, second by Trustee Katie Kress to award the contract for the 2017 Sidewalk Repair & Replacement Program, Project #41200, in the base amount of $79,279.38 to Forward Contractors, LLC with the funds to come from the 2017 Capital Budget.


  Vote: 6 - 0 Motion Carried
  Attachments:
  Memo
  Bid Tabs
 
             
   Development Agreement between the Village of Menomonee Falls and HSI-Menomonee Falls Partners, LLC
             
  Motion by Trustee Bonnie Lemmer, second by Trustee Katie Kress to approve the Development Agreement between the Village of Menomonee Falls and HSI-Menomonee Falls Partners, LLC for the Brookdale Estates Subdivision, Project No. 00132 subject to approval as to form by the Village Attorney and approval of the exhibits by the Director of Engineering and Development.


  Vote: 6 - 0 Motion Carried
  Attachments:
  Brookdale Est Dev Agr 1
 
             
   Amendment No. 3 to the Intermunicipal Agreement between the Village of Menomonee Falls & the City of Brookfield
             
  Motion by Trustee Bonnie Lemmer, second by Trustee Katie Kress to approve Amendment No. 3 to the Intermunicipal Agreement between the Village of Menomonee Falls and the City of Brookfield regarding Menomonee South Sewer - agreement for construction and operation for sanitary interceptor sewer in a part of the Menomonee River drainage basin for the development of Brookdale Subdivision subject to approval as to form by the Village Attorney and approval of exhibits by the Director of Engineering and Development.


  Vote: 6 - 0 Motion Carried
  Attachments:
  Intermuni Amend #3 Brookfield 1
  Intermuni Original Brookfield 1
  Intermuni Amend #1 Brookfield 1
  Intermuni Amend #2 Brookfield 1
 
             
   NEW BUSINESS
             
   Approval of Proposed Settlement Agreement in KCP RE LLC v. Village of Menomonee Falls
             
  Motion by Trustee Jeremy Walz, second by Trustee Bonnie Lemmer to approve the proposed settlement agreement in KCP RE LLC v. Village of Menomonee Falls, Waukesha County Case No. 16-CV-1258; and authorize the Village Attorney to sign the settlement related documents.

  Vote: 6 - 0 Motion Carried
             
   ADJOURNMENT
             
  Motion by Trustee Katie Kress, second by Trustee Bonnie Lemmer to adjourn the meeting.

  Vote: 6 - 0 Motion Carried
  Village Board meeting adjourned at 7:45 p.m.
Minutes transcribed and submitted by Joan Hintze, Deputy Village Clerk
Minutes approved on September 5, 2017

    

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